Eleanor Finch
The US Constitution and Texas Constitution differ in their approach to government power, with the former increasing central power and the latter limiting it. The US Constitution is concise and open to interpretation, while the Texas Constitution is detailed and specific about the government's permitted actions. These differences have resulted in varying frequencies of amendments, with the US Constitution being more challenging to amend and the Texas Constitution being amended frequently to address emerging state needs. From 1876 to 2024, Texas proposed 714 amendments, with 530 approved, making it one of the most amended state constitutions in the US. This comparison between the US and Texas Constitutions raises questions about the effectiveness of their respective approaches to governance and the adaptability to changing societal needs.
Which Constitution has more Amendments: Texas or the US?
| Characteristics | Values |
|---|---|
| Number of Amendments | US: 27, Texas: Over 500 |
| Frequency of Amendments | US: Infrequent, Texas: Frequent |
| Process of Amendment | US: Proposed by Congress or State Legislatures, Texas: Proposed by Legislature or Citizen Initiative |
| Ratification Process | US: Ratified by State Legislatures or State Conventions, Texas: Ratified by Voters |
| Content and Scope of Amendments | US: Broad and Fundamental, Texas: Specific and Detailed |
| Ease of Amendment | US: Difficult, Texas: Easier |
| Age of Constitution | US: Older, Texas: Modern |
| Flexibility | US: Less Flexible, Texas: More Flexible |
| Adaptability | US: Slow to Adapt, Texas: Quick to Adapt |
| Citizen Involvement | US: Limited, Texas: Direct Citizen Participation |
| Speed of Amendment Process | US: Longer, Texas: Quicker |
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What You'll Learn
Texas Constitution's dynamic nature
The Texas Constitution is a dynamic document that has undergone numerous changes since its inception, reflecting the state's unique history and development. It is the foundational governing text of the state, second only to the US Constitution, and all Texas laws must comply with it.
The current Texas Constitution, adopted in 1876, is the seventh in the state's history. The previous six were adopted in 1827 (while Texas was part of Mexico), 1836 (upon independence), 1845 (upon joining the US), 1861 (at the Civil War's outset), 1866 (post-Civil War), and 1869. The 1876 version reflects a deep mistrust of government power, imposing limitations on state authority and fragmenting executive power.
The Texas Constitution is one of the longest state constitutions in the US, addressing specific topics like local government, taxes, and private property rights, which other states typically leave to their legislatures. Its level of detail is intentional, protecting these topics in the strongest way possible. However, this detail also means the document can quickly become outdated, necessitating frequent amendments to address emerging state needs.
Since 1876, the Texas Constitution has been amended over 500 times, with 714 amendments proposed as of 2024. This high amendment rate is due to the document's restrictive nature and the absence of a Necessary and Proper Clause, which grants states powers beyond those explicitly stated. The Texas Constitution's dynamic nature is further emphasised by its inclusion of a lengthy and detailed Bill of Rights, with provisions unique to Texas, such as the unqualified right to habeas corpus and the prohibition of corruption of blood and forfeiture of estates.
In summary, the Texas Constitution's dynamic character stems from its historical context, detailed nature, and role as a foundational governing document. Its frequent amendments reflect the state's evolving needs and priorities, making it a living document that adapts to Texas's growth and changing circumstances.
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US Constitution's broad interpretation
The US Constitution is a flexible document that has been amended and interpreted in various ways over the years to adapt to changing societal needs and values. The Supreme Court has relied on certain "methods" or "modes" of interpretation to determine the meaning of the Constitution and review the constitutionality of government actions. One such method is textualism, which focuses on the plain meaning of the text and the context in which the terms appear. Textualism also considers how the terms in the Constitution would have been understood by people at the time of ratification.
Another approach is originalism, which seeks to understand the original public meaning of the Constitution. This method considers the plain meaning of the text as it would have been understood by the general public or a reasonable person at the time of ratification. Originalism is not solely based on the text but uses the original public meaning as a broader guide to interpretation. For example, Justice Antonin Scalia, a prominent originalist, used this approach in the case of District of Columbia v. Heller to interpret the Constitution.
Moral or ethical reasoning is yet another approach to interpreting the Constitution. Proponents of this method argue that general moral principles underlie much of the text of the Constitution. They contend that using moral reasoning leads to more candid opinions and allows judges to incorporate contemporary values when interpreting the Constitution. Ethical arguments can also address gaps in the text and situations that were unforeseen at the time of the Founding.
The US Constitution has been interpreted and amended over time to address emerging needs and changing values. The interpretation methods allow for flexibility and adaptability, ensuring that the Constitution remains relevant and responsive to the evolving societal landscape.
In contrast, the Texas Constitution, which has been amended over 500 times since its ratification in 1876, reflects a deep mistrust of government power and imposes numerous limitations on state authority. The frequent amendments to the Texas Constitution are due to its highly restrictive nature, as it stipulates that the state of Texas only has the powers explicitly granted to it. The Texas Constitution also explicitly provides for the separation of powers and incorporates a detailed bill of rights, which includes provisions not found in the federal Constitution.
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Texas Constitution's amendments
The Texas Constitution is one of the longest in the nation and has been amended frequently. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, with 530 approved by voters, 181 defeated, and three that never made it to the ballot. The Texas Constitution's highly restrictive nature has led to the need for many amendments to address emerging state needs.
The Texas Constitution reflects a deep mistrust of government power and imposes limitations on state authority. It also contains a detailed Bill of Rights, which includes some provisions not found in the US Constitution. For example, Section 12 of the Texas Bill of Rights recognizes the writ of habeas corpus as an unqualified right and prohibits its suspension, while the US Constitution allows suspension in certain cases. Additionally, Section 21 of the Texas Constitution prohibits corruption of blood and forfeiture of estates, even in cases of suicide.
Article 1 of the Texas Constitution, entitled the "Bill of Rights," originally contained 29 sections, with five additional sections added since 1876. It outlines specific limitations on the power of the state government and grants certain rights to citizens. Article 2, labelled "Power of Government," provides for the separation of powers, while Article 3 is labelled "Legislative Department."
Article 8 of the Texas Constitution addresses "Taxation and Revenue," restricting the ability of the Legislature and local governments to impose taxes, including local and statewide property taxes. Article 9, "Counties," provides rules for the creation of counties, while Article 10 is labelled "Railroads." Other articles cover a range of topics, such as the operation of cities based on population (Articles 4 and 5), the creation of private corporations (Article 11), and Spanish and Mexican land titles from the Mexican War Era (Article 13).
Amending the Texas Constitution requires a two-thirds vote during a legislative session to place an amendment on the ballot. Voters then decide on the amendments, with a simple majority required for approval.
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US Constitution's judiciary
The Texas Constitution has been amended more times than the US Constitution. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, of which 530 were approved by the electorate. In comparison, the US Constitution has been amended 27 times.
US Constitutions Judiciary
The US Constitution establishes the federal judiciary in Article III, which states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." The Constitution permits Congress to decide how to organize the Supreme Court, and they first did so in the Judiciary Act of 1789, creating a Supreme Court with six justices and establishing the lower federal court system.
The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states, and cases involving ambassadors and other public ministers. It has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law. The Judiciary Act of 1789 also gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law).
The number of seats on the Supreme Court has varied over the years, from a low of five to a high of 10. Today, there is one Chief Justice and eight Associate Justices. All federal judges are appointed by the President and confirmed by the Senate, holding office typically for life with their salaries protected from decrease during their term. These measures protect the independence of the judiciary from political branches of government.
The Supreme Court has also established its authority to strike down any state laws found to be in violation of the Constitution, and to declare unconstitutional any Act of Congress that is contrary to the Constitution.
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Texas Constitution's Bill of Rights
The Texas Constitution's Bill of Rights, also known as Article I, was originally composed of 29 sections, 15 of which have been added, bringing the total to 34. The Texas Constitution, drafted in 1875 and ratified in 1876, reflects a deep mistrust of government power and has been amended over 500 times, making it one of the most amended state constitutions in the US.
The Texas Bill of Rights contains several provisions that are unique to the state and outline specific limitations on the power of the state government. Notably, it is more detailed than the US federal Bill of Rights and includes protections not found in the US Constitution. For example, Section 12 of the Texas Bill of Rights recognizes the writ of habeas corpus as an unqualified right and prohibits its suspension under any circumstances, while the US Constitution allows suspension in cases of rebellion or invasion.
Section 21 of the Texas Bill of Rights prohibits both corruption of blood and forfeiture of estates, including in cases of suicide, which is not explicitly mentioned in the US Bill of Rights. Additionally, Sections 4 and 5 of the Texas Bill of Rights discuss the operation of cities based on population, granting cities with a population of 5,000 or fewer only the powers given by general law.
The Texas Bill of Rights also guarantees the right to worship according to one's conscience and the right to trial by jury. It asserts that Texas is a free and independent state, subject only to the US Constitution, and that all political power is inherent in the people. Overall, the Texas Constitution's Bill of Rights is a comprehensive and detailed document that seeks to protect the rights and freedoms of Texans, while also limiting the power of the state government.
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Frequently asked questions
The Texas Constitution.
The Texas Constitution is long and detailed, and it is designed to be changed to reflect the growth and development of the state. It is relatively easy to amend.
From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, of which 530 were approved by the electorate. As of 2019, the Texas Constitution has been amended 498 times.
Amendments to the US Constitution are infrequent due to the document's structure, which makes frequent amendments unnecessary.
The US Constitution increases government power, while the Texas Constitution limits it. The US Constitution is brief and vague, allowing for broad interpretation, while the Texas Constitution is long and detailed, listing what the government is allowed to do.
